COVID-19 religious gatherings – Supreme Court prevents NY from enforcing limits

COVID-19 religious gatherings

This article, about a recent Supreme Court decision that prevents New York from enforcing limits on religious gatherings during the COVID-19 pandemic, was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On November 24, 2020, the Supreme Court ordered temporary relief preventing Governor Cuomo and New York officials from enforcing limits on gathering imposed on religious houses during the COVID-19 pandemic (Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo). The decision, as the dissents pointed out, raises concerns about the ability of states to limit religious activities in the interest of protecting believers – and the broader public – from diseases. But the per curiam opinion makes relatively limited changes to our First Amendment jurisprudence, though it may signal that the court will, in the future, change it, and does not at present change the legal framework governing vaccine mandates. Continue reading “COVID-19 religious gatherings – Supreme Court prevents NY from enforcing limits”

University of California flu vaccine order – anti-vaxxers court challenge

University of California flu vaccine

This article regarding the University of California flu vaccine executive order, and a subsequent anti-vaccine activist court challenge, was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

An anti-vaccine organization brought a lawsuit against the University of California’s Executive Order “strongly recommending” flu vaccines for most students, faculty, and staff and mandating it for a specific sub-set. With one possible exception that I am less familiar with, but that the University responded strongly to, the complaint’s claims are unfounded and should be dismissed. Continue reading “University of California flu vaccine order – anti-vaxxers court challenge”

Governor Newsom’s COVID-19 emergency powers limited by California court

This article about a California court decision regarding Gov. Gavin Newsom’s COVID-19 emergency powers was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On November 2, 2020, Judge Sarah E. Heckman ruled that the Governor’s power under the California Emergency Services Act (CESA) only included the power to suspend statutes, not to change them via executive order. While the decision clearly limits the Governor’s power to act in an emergency and raises questions about the validity of some of the Governor’s COVID-19 orders, it does not affect his order about the election that was the basis for the lawsuit, nor would it, for example, overturn California’s face covering mandate and other restrictions not issued under CESA.

It is appropriate for the judiciary to address the constitutional limits on actions by the other branches, and it’s not a bad thing to limit the powers of the governor, even in an emergency. But the narrow construction of the Governor’s power to act in an emergency under the constitution is concerning. Continue reading “Governor Newsom’s COVID-19 emergency powers limited by California court”

Connecticut court supports masks in schools – rejects emergency injunction

connecticut masks

This article about a Connecticut court decision regarding masks in schools was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On November 2, 2020, Judge J. Moukawsher of the superior court in Hartford District, Connecticut denied the request that children do not wear masks while attending school. The Connecticut Freedom Alliance, LLC sought an emergency injunction stopping Connecticut’s Department of Education’s order that Connecticut school children wear masks. Continue reading “Connecticut court supports masks in schools – rejects emergency injunction”

Dorit Rubinstein Reiss – an index of her vaccine articles on this website

Dorit Rubinstein Reiss

Dorit Rubinstein Reiss – Professor of Law at the University of California Hastings College of the Law (San Francisco, CA) – is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines (generally, but sometimes moving to other areas of medicine), social policy and the law. Her articles usually unwind the complexities of legal issues with vaccinations and legal policies, such as mandatory vaccination and exemptions, with facts and citations.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination–she really is a well-published expert in this area of vaccine policy, and doesn’t stand on the pulpit with a veneer of Argument from Authority, but is actually an authority. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

She was also one of the many contributors to the book, “Pseudoscience – The Conspiracy Against Science.”

Many bloggers and commenters on vaccine issues will link to one or more of her articles here as a primary source to counter an anti-vaccine claim. The purpose of this post is to give you a quick reference to find the right article to answer a question you might have.

Below is a list of articles that Dorit Rubinstein Reiss has written for this blog, organized into some arbitrary and somewhat broad categories for easy reference. This article will be updated as new articles from Professor Reiss are published here. We also may update and add categories as necessary.

Because she has written over 160 articles for this website, there is a vast amount of information about vaccines and the law, I have created a search engine that allows you to quickly find a specific article written by Professor Reiss on this website by using any keywords that you want. This should help speed up your search for just the right article that she has written.


Continue reading “Dorit Rubinstein Reiss – an index of her vaccine articles on this website”

National Vaccine Injury Compensation Program facts

national vaccine injury compensation program

This article about the National Vaccine Injury Compensation Program was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

In this post I explain how one goes about proving a case in the  National Vaccine Injury Compensation Program (NVICP), and how that differs from proving a case in the civil courts, focusing on what it means to have a no-fault program and proving causation.

I will use a case that started with the tragic death of a young child after a vaccine to illustrate the complexity and operation of the program, and also to address the idea of federal preemption, and how it limits the ability of those claiming vaccine injuries to use state courts for their claims.

Continue reading “National Vaccine Injury Compensation Program facts”

California SB276 – juvenile courts and fake vaccine medical exemption facts

This article about California SB276 and fake medical exemptions for vaccines was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

If the headline seems obvious, the reason behind it is that the Second District of the California Court of Appeal just ruled on a case in which the claim that California SB276 prevented the juvenile court from overturning a medical exemption was used by a father who did not want his children, in the custody of the state, to be vaccinated.

There are two takeaways from the case. First, a reminder that when children become wards of the state, the state can order appropriate medical care, the kind that responsible parents would provide, including vaccination. Second, a ruling that SB276 added to those with authority to revoke medical exemptions, it did not remove existing authority to do so. Continue reading “California SB276 – juvenile courts and fake vaccine medical exemption facts”

Eve Switzer settles her libel suit against Oklahoma anti-vaccine activists

Ee Switzer

This article about Dr. Eve Switzer’s libel suit against some anti-vaccine activists was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

In early June 2020, Dr. Eve Switzer apparently settled a libel suit that she had filed against an anti-vaccine organization – Oklahoman for Health and Parental Rights – and an anti-vaccine physician, Dr. Jim Meehan from Oklahoma. Both Meehan and the organization both wrote a statement admitting, in essence, that information they posted about Dr. Eve Switzer from Oklahoma was untrue.

While these statements may not seem resounding, they are, in fact, a substantial concession and admission, and part of a settlement of a defamation suit Dr. Switzer brought against these actors that have been settled in her favor. <

Generally, I do not recommend that people turn to defamation suits against anti-vaccine activists. That is because these suits are hard to win under our law (even if there is ground to see the statements as untrue and offensive), any win would take a long time and likely be costly, and the publicity would likely benefit the science denier more than the plaintiff.

Dr. Eve Switzer’s example suggests a different approach can, in some cases, lead to legal success. I still, however, hold to my view that suing is probably not a desirable choice for many of you – this suit was lengthy, not easy, and led to some publicity that I suspect hurt Dr. Switzer.

That said, I am glad that Dr. Switzer’s efforts ended with a settlement that would make it very hard for her attackers to repeat the offensive misrepresentations that led to this suit, and compensated her for her expenses. Continue reading “Eve Switzer settles her libel suit against Oklahoma anti-vaccine activists”

Lori Matheson refuses vaccines for child – Michigan Supreme Court disagrees

Lori Matheson

On November 21, 2019, the Court of Appeals in Michigan rejected the appeal of Lori Matheson against a trial court order ordering her to give her daughter more time with her father, to vaccinate her daughter according to the recommended schedule, and to choose a new pediatrician for the child in collaboration with her father. The court found that it’s in the child’s best interest to be vaccinated.

This is a dispute between the divorced parents of a now four-year-old child (whose name is omitted for her privacy) about her care and custody. Vaccines are only one of the issues in dispute, the one I will focus on (since that is my area). Continue reading “Lori Matheson refuses vaccines for child – Michigan Supreme Court disagrees”

ICAN FOIA lawsuit – misrepresenting another non-win from anti-vaccine group

ICAN FOIA lawsuit

This article about another ICAN FOIA lawsuit was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

The Informed Consent Action Network (ICAN) is an anti-vaccine organization, founded in 2016 by Del Bigtree, largely funded by a New York couple, Bernard and Lisa Selz.

On March 4 and March 5, 2020, ICAN claimed a “win” against the CDC that, they said, prevented CDC from claiming vaccines don’t cause autism. In reality, the ICAN Freedom of Information Act (FOIA) lawsuit was settled, and the settlement doesn’t counter the existing scientific consensus that vaccines do not cause autism. Continue reading “ICAN FOIA lawsuit – misrepresenting another non-win from anti-vaccine group”